Patna High Court
Vishwakarama Dhanuk @ VishwakaramaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Vishwakarama Dhanuk, sought anticipatory bail fearing arrest in a case (Sahpur P.S. Case No. 56 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 120 litres of illicit liquor. The prosecution alleged recovery of the liquor, while the petitioner claimed innocence, asserting that his name appeared only in a co-accused's confessional statement and that he has a clean antecedent. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 to a charitable institution, and comply with attendance conditions at the police station. The bail is subject to verification of the receipt and the petitioner’s clean antecedent, and any default may lead to cancellation. The order is made under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the CrPC in the present case?
- Whether the petitioner’s alleged involvement in the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act warrants denial of anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29757 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- SAHPUR District- Bhojpur
======================================================
Vishwakarama Dhanuk @ Vishwakarama S/O Kashi Dhanuk Resident of
Village- Sahpur, P.S. Sahpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Sahpur P.S. Case No. 56 of 2026 registered for
the offence under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the recovery is of
total 120 litre of country-made liquor from three bags.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the name
of the petitioner has come in the confessional statement of the
co-accused. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
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for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise court No. II, Bhojpur at Ara / concerned
Court below in connection with Sahpur P.S. Case No. 56 of
2026, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit
House, Chapra and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
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petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Sahpur Police Station, District- Bhojpur on any two Sundays of
every month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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